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Lower Allen Twp. v. Z.H.B. et al

Commonwealth Court of Pennsylvania
Jan 21, 1983
454 A.2d 685 (Pa. Cmmw. Ct. 1983)

Opinion

Argued September 15, 1982

January 21, 1983.

Argued September 15, 1982, before President Judge CRUMLISH, JR. and Judges BLATT and DOYLE, sitting as a panel of three.

Appeal, No. 2222 C.D. 1981, from the Order of the Court of Common Pleas of Cumberland County in case of Lower Allen Township v. Zoning Hearing Board of Lower Allen Township and Helen M. Thompson, No. 2540 Civil, 1980.

Application with the Zoning Hearing Board of Lower Allen Township for special exception. Application granted. Township appealed to the Court of Common Pleas of Cumberland County. Appeal dismissed. HOFFER, J. Township appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.

Robert E. Yetter, Metzger, Wickersham, Knauss Erb, for appellant.

No appearance for appellees.


Lower Allen Township appeals a Cumberland County Common Pleas Court order affirming the Lower Allen Township Zoning Hearing Board's grant of a special exception to Helen Thompson. We affirm.

Helen Thompson applied to the Zoning Hearing Board for a special exception for the operation of a small beauty shop in her home. The special exception was granted and Lower Allen Township appealed to the grant to the common pleas court. On appeal, Lower Allen Township argued that the Board abused its discretion in granting the special exception in that its decision was unsupported by substantial evidence and contrary to law. The court rejected these arguments and denied the appeal.

Lower Allen Township raises the same contentions before this Court. After a careful review of the record and law, we find these contentions to be without merit, and affirm the able opinion of HOFFER, J., below. Pa. D. C.3rd ___ (1981).

Affirmed.

ORDER

The Cumberland County Common Pleas Court order in the above-captioned case, dated August 10, 1981, is hereby affirmed.


Summaries of

Lower Allen Twp. v. Z.H.B. et al

Commonwealth Court of Pennsylvania
Jan 21, 1983
454 A.2d 685 (Pa. Cmmw. Ct. 1983)
Case details for

Lower Allen Twp. v. Z.H.B. et al

Case Details

Full title:Lower Allen Township, Appellant v. Zoning Hearing Board of Lower Allen…

Court:Commonwealth Court of Pennsylvania

Date published: Jan 21, 1983

Citations

454 A.2d 685 (Pa. Cmmw. Ct. 1983)
454 A.2d 685

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